Difficulties with Damages as a Ground for Specific Performance

Austen-Baker, R. (1999) Difficulties with Damages as a Ground for Specific Performance. King's College Law Journal, 10. pp. 1-11. ISSN 1757-8442

Full text not available from this repository.


This article discusses the granting of specific performance and the rule that specific performance will not be awarded where damages are an adequate remedy. It argues that where damages are difficult to calculate this may make damages an inadequate remedy, depending on whether the difficulty is intrinsic to the contract and its circumstances and the circumstances of breach, or extrinsic, where the difficulty is essentially evidential. The article concludes that damages may be found to be inadequate where the quantification difficulty is intrinsic, but not where it is merely extrinsic.

Item Type:
Journal Article
Journal or Publication Title:
King's College Law Journal
Uncontrolled Keywords:
ID Code:
Deposited By:
Users 49 not found.
Deposited On:
08 Dec 2009 11:48
Last Modified:
21 Nov 2022 19:38